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Do I have and rights? I was temp laid off July 29th(lack of work). I will be 65 next May. Impossible to find work at my age,though this company lays off 1 group for about 6 months,calls them back then lays off another group. Before the 35 wks EI runs out ( they avoid paying termination pay ). This is 2nd time for me as was laid off Sept 2013 for 6 months (lack of work) BUT, and here is where it is very interesting. My company ( MTC in Whitby ) had a deal back then with Durham College. That has a deal (am told with Govmt of Ontario and India) To hire Durham College grad students and keep them employed for a full 2 years. That way those Grad students can get PR status in Canada. I do the same job as what they were hired for. They were all hired between Apr-Jun of 2013 to do same job as me. When I was called back after 6 months of temp layoff in March 2014. All of those Durham College Grad students from India were still there.. Doing my job.. In this case repair of Sony playstations. I do not know if I stand a chance to go after them. In a perfect world...Just let the EI of 35 wks run out and MTC then give me 10 wks of termination. I never complained to the company back then 3 yrs ago about the grads. But this time am totally frustrated. BTW in the almost 10 years (Nov 14/06) that I have been there have never gotten a raise. They don't give raises to anyone. I had to go thru 14 months of adult retraining and 3 years of Durham College after a back injury to do modified duty (bench work) . The head of Durham College Tech dept that sent those Grads students to my work place was one of my Professors...Small World.
You do have rights. In this case you may be able to treat your lay off as a termination. That being said, if you have a history of lay offs (in your case a layoff in 2013) you have have to wait until the 35 weeks elapses before you can make a claim for severance. I would encourage you you call us and set up a consultation with one of our employment lawyers so that we can discuss your matter and provide you with more information.
I would also encourage you to visit the severance pay calculator our firm has developed to see what you are owed (www.SeverancePayCalculator.com).
I would also encourage you to visit the severance pay calculator our firm has developed to see what you are owed (www.SeverancePayCalculator.com).